QUESTION
If I never received my subpoena therefore missed court, will I get a bench warrant?
Asked on Jul 22nd, 2013 on Criminal Law - Texas
More details to this question:
I went to court 1st appearance but missed court 2nd appearance due to not receiving subpoena. I found out through D.A that I missed court. The case is against abusive boyfriend.
8 ANSWERS
Michael J. Breczinski
If you never were given the subpoena then you are not in trouble.
Answered on Jul 24th, 2013 at 12:00 PM
Thomas Edward Gates
There should be a bench warrant out for your arrest. You will need to go to court to resolve the matter.
Answered on Jul 23rd, 2013 at 11:54 AM
3 Awards
Are you the victim? If so, did the court continue your subpoena on the record (basically tell you in open court that you had to return at the next court date?)? If so, usually they will not issue a warrant, but can. If you are charged with a crime, you must appear at all court dates. If you missed, there is definitely a warrant. You need to clear that up as soon as possible.
Answered on Jul 23rd, 2013 at 9:16 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It doesn't sound like you are the one being charged. If you are the defendant, then yes, a warrant will issue. From the sounds of your question, I assume that you are a witness. If you are critical to the case against your abusive boyfriend, then the prosecutor could request a material witness warrant to compel you to come to court and testify.
Answered on Jul 23rd, 2013 at 9:16 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Speak with the DA, if you did not receive notice you may have an excuse.
Answered on Jul 23rd, 2013 at 9:16 AM
Of course a warrant will go out. A warrant doesn't have a brain, and it doesn't distinguish when somebody gets the sub or doesn't.
Answered on Jul 23rd, 2013 at 9:14 AM
Criminal Law Attorney serving Farmington Hills, MI
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Stephen Linden, PC
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If you are not personally served with a subpoena or by certified mail delivery restricted to addressee or ordered by a judge you cannot be held in contempt for failure to attend.
Answered on Jul 23rd, 2013 at 1:37 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Apologize to the prosecutor and don't miss again. People do make mistakes but you can be arrested if you do not show up in court.
Answered on Jul 23rd, 2013 at 1:37 AM